beta
Text
1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:
The plaintiffs.
Reasons
1. Basic facts
A. On September 10, 2017, the Plaintiffs and Defendant E entered into a sales contract for inheritance and sales (i.e., the instant apartment) with the real estate indicated in F’s “Real Estate Indication” owned by F (hereinafter “instant apartment”).
(2) On December 2, 2017, Plaintiff B entered into a contract with Defendant C and D to sell the instant apartment at KRW 835,000,000 (hereinafter “instant sales contract”) with Defendant C and D, and Plaintiff A and Defendant B entered into a delegation to the effect that “the authority to conclude the instant sales contract is delegated to Plaintiff B” immediately after the said sales contract was concluded.
3) By March 13, 2018, Defendant C and D paid Plaintiff B KRW 527,00,000,000 in total among the down payment, intermediate payment, and remainder under the instant sales contract. However, Defendant C and D filed a claim against Defendant C and D for the transfer registration against the Plaintiffs and Dong Seoul District Court on March 16, 2018, as Defendant C and D did not have distributed money equivalent to the shares of Defendant E out of the purchase price already paid by Defendant C and D, the amount equivalent to KRW 835,00,000,000, deducted the amount equivalent to KRW 2/7,000,000 from the purchase price to the 2/77,00,000,000, which was deducted from the amount equivalent to the real estate brokerage fee to the account of Defendant E.
(2) On October 17, 2018, the above court rendered a judgment that “Plaintiff B received KRW 305,00,000 from Defendant C and D, while Plaintiff B received KRW 305,00,000,00 from Defendant C and D, Plaintiff B shall pay each share of 3/14 of the apartment of this case, and Plaintiff A and Defendant E shall implement the procedure for registration of ownership transfer on December 2, 2017 with respect to each share of 2/14 of the apartment of this case, respectively (hereinafter “related judgment”).
A. The above judgment became final and conclusive around that time.
(c) Defendant E-.